Author Archives: Celia C. Elwell, RP

Excellent Reasons To Use Synchronized Video Depositions.

26 Tuesday Nov 2013

Posted by in Depositions, Discovery

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Why Synchronize Video Depositions?, by Michael Skrzypek and Chris Ritter, The Trial War Room Handbook Blog

http://tinyurl.com/oznds82

 

We believe, as a general principle, that if it is worth having a deposition videotaped, it is worth having it synced. This process matches the video to the transcript and allows you to search for words within the video, as if it were a text document. This search functionality, in turn, allows you to make video clips quickly, because you can immediately find any word in the video simply by clicking on the transcript. Video clips can be used for impeaching live witnesses or they can be played in lieu of live testimony if a witness is either a party witness or outside the subpoena range and cannot be compelled to testify at trial.

Great Blog on Brief Writing!

25 Monday Nov 2013

Posted by in Criminal Law, Legal Writing

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Follow the rules, by Kirby Griffis, Brief Right (with hat tip to Raymond Ward, the [new] legal writer!)

http://briefright.com/follow-the-rules/

 Today’s brief comes from a criminal appeal filed in the Seventh Circuit. A number of things about it attracted my attention. First, it is a brief that the filing lawyer (allegedly) paid a brief writer $5,000 to draft for him. Second, it is an appeal from a decision by the Hon. Chief Judge Joe Billy McDade of the Central District of Illinois, and I don’t believe that Judge McDade is capable of error (though I may be biased). And third, the lawyer who filed the brief was sanctioned for failing to show up for oral argument on it (he said that he was up all night vomiting and didn’t feel well enough to go to court). Though I have great sympathy with feeling ill prior to an oral argument before the Seventh Circuit, it does seem wise to show up anyway when the clerk tells you that you have to.

Sexual Harrassment of Receptionist by Patient Costs Employer $30,000.

25 Monday Nov 2013

Posted by in EEOC, Employment Law, Harassment

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Third-party harassment costs employer $30,000, by Sharon B. Bauman, Alan M. King, Stanley W. Levy and Andrew L. Satenberg, Manatt Phelps & Phillips LLP

http://tinyurl.com/pen4et7

Why it matters: Employers, take note: harassment in the workplace can be committed not just by supervisors and coworkers, but by third parties such as customers, patients, clients, delivery people, or repair workers. The settlement in the Ross case (EEOC v. Southwest Virginia Community Health System) should remind employers that regardless of the source, sexual harassment cannot be tolerated in the workplace – or liability may result.

Thorough Analysis of Attorney-Client Privilege and Attorney Work Doctrine.

25 Monday Nov 2013

Posted by in Attorney Work Product, Attorney-Client Privilege, Discovery, Requests for Production

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Federal Middle District Magistrate Judge Mehalchick Addresses Attorney-Client Privilege and Attorney Work Product Doctrine in Discovery Dispute, by Daniel E. Cummins, TORT TALK

http://tinyurl.com/kw7cdbl

The case before Judge Mehalchick, entitled Dempsey v. Bucknell University, No. 4:11-CV-1679 (M.D.Pa. Oct. 7, 2013 Mehalchick, M.J.), arose out of a breach of contract claim filed by a student against the university relative to student conduct hearings held.  At issue were certain documents withheld from discovery by the plaintiff in response to the defendant’s Rule 34 discovery requests on the grounds of the attorney-client privilege and the attorney work product doctrine.

“Must Read” for HR – Evidence of Hiring Discrimination Using Social Media.

24 Sunday Nov 2013

Posted by in Affirmative Action, EEOC, Employment Law, Gender Discrimination, Race Discrimination

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Everyone knows by now that human resources professionals and employers use social media to screen potential employees. Studies now show that some employers illegally discriminate against applicants based on what they find. CCE 

Study Finds Evidence of Unlawful Discrimination in Using Social Media to Recruit Employees, posted by Jason Shinn, Michigan Employment Law Advisor

http://tinyurl.com/k63s24l

A recent article in the Wall Street Journal (reported on 11/21/2013 by Jennifer DeVries) discussed a study showing bias in the hiring process when social media is used to screen job applicants. Because of the potential for unlawful discrimination and losing out on otherwise qualified job applicants, the article and study should be a “must read” for every human resource professional or anyone with hiring responsibilities.

When You Want Fast and Cheap, Adobe Acrobat Does the Trick in a Pinch.

24 Sunday Nov 2013

Posted by in Adobe Acrobat, Databases, Discovery, E-Discovery, Emails, Evidence, Legal Technology, Pre-Trial, Trial Tips and Techniques

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Acrobat to the Rescue: Searching Unsearchable Productions, by Craig Ball, Ball In Your Court Blog

http://tinyurl.com/paxgrfn

Trial of Historical Patent for Common Web Encryption of SSL in East Texas.

24 Sunday Nov 2013

Posted by in E-Discovery, Evidence, Intellectual Property, Legal Technology, Patent Law, Texas Supreme Court, Trial Tips and Techniques

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Newegg on trial: Mystery company TQP rewrites the history of encryption, by Joe Mullin, Law & Disorder/Civilization & Discontents (with hat tip to Dennis Crouch’s Patently-O!)

http://tinyurl.com/

The story of Michael Jones, his mysterious invention, and the massive patent enforcer he’s working with is finally coming out at a patent trial underway in this small East Texas town.

Jones’ patent, now owned by famed patent enforcer Erich Spangenberg, has scared corporate America into writing one hefty check after another to avoid a trial just like this one. He and his lawyers say the patent covers the common web encryption scheme of SSL combined with the RC4 algorithm. The sums of those checks were revealed in court here on Tuesday when a TQP attorney displayed to the jury a spreadsheet with many of the payments.

Addictive Tips Blog’s Best of the Best for The Week.

24 Sunday Nov 2013

Posted by in Android Phones, Apps, Cell Phones, Chrome, Clouds, Google, iPhones, Legal Technology, Windows

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This is becoming one of my  favorite “go to” blogs whenever I need tech tips or answers to just about anything. It has such a wide diversity. If you’re struggling with learning Microsoft 2013 or any other software or app, I recommend taking a look at this blog for an answer. CCE

Best Apps, Tips And Posts Of The Week [11.24.2013], by Awais Imran, Addictive Tips Blog

http://tinyurl.com/mxauma6

It’s that time of the week again when we round up the most popular (as well as the less-popular but equally useful) apps, tips and tweaks that you may have missed during your hectic workweek. This time around, we discuss a crazy new keyboard for Android, Instagram for Windows Phone, yet another Chrome New Tab page replacement, and a new cloud-syncing service for Windows, among other excellent apps and tips.

Going to Trial – Not Boxes of Documents Anymore.

23 Saturday Nov 2013

Posted by in Legal Technology, Pre-Trial, Presentations, Trial Tips and Techniques

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Pre-Trial and Presentation Databases – Assembling Your Materials, by Michael Skzypek, The Trial War Room Handbook Blog

 http://www.thetrialwarroomhandbook.com/?p=878

Back in the analog days, a parade of lawyers and paralegals would march into the courtroom right before a trial started, carrying dozens of bankers’ boxes filled with documents and other evidence. These days, attorneys in most medium-to-large cases digitize everything from contracts to deposition transcripts, photos, and video and organize them in databases. As such, a trial presentation technician walks into the courtroom carrying just a laptop – but one loaded with a database that contains the equivalent of hundreds of bankers’ boxes of material.

Thanksgiving Travel Tips and More

23 Saturday Nov 2013

Posted by in References, Research

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Travel Tips, USA.gov

http://tinyurl.com/q23pyte

If you plan on flying over the holidays, use the App for MyTSA. 

Also includes Heritage and History (Thanksgiving is not all about pilgrims), Recipes and Food Safety (dinner without food poisoning), Give Thanks and Volunteer (write your own message to US troops). CCE

Why Cases Before the Supreme Court Settle.

23 Saturday Nov 2013

Posted by in Appellate Law, United States Supreme Court

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SCOTUS for law students (sponsored by Bloomberg Law): Why cases settle, by Stephen Wermiel, SCOTUS Blog

http://tinyurl.com/o9ohsjb

 If you want an unusual measure of the power of the Supreme Court, consider why parties to a case sometimes (although rarely) settle their dispute after the Justices have agreed to hear the appeal and as oral argument approaches.

In some cases, the answer may simply be fear of losing, but it can also be much more profound: not only the fear of losing, but also a concern that in the process the loss may establish a legal precedent for the nation that one side of the case considers harmful.

Feedly: App of the Week from Legal Productivity

23 Saturday Nov 2013

Posted by in Apps, Legal Technology

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App of the Week: Feedly – Organize and Read Your Favorite Blogs and News Sites On The Go, by Tim Baran, Legal Productivity

http://www.legalproductivity.com/apps/app-of-the-week-feedly/

More iPhone Tips from Legal Productivity

23 Saturday Nov 2013

Posted by in Apps, Cell Phones, iPhones, Legal Technology

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English: iphone Deutsch: iphone

7 Useful iPhone Tips You Probably Didn’t Know About, by Tim Baran, Legal Productivity

http://tinyurl.com/pjps8tu

Court Denies Facebook Discovery Requests by Both Parties.

23 Saturday Nov 2013

Posted by in Discovery, Evidence, Legal Technology, Personal Injury, Requests for Production, Trial Tips and Techniques

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Facebook logo Español: Logotipo de Facebook Fr...

Judge Wettick Rules on Facebook Discovery Issues, by Daniel E. Cummins, TORT TALK

http://tinyurl.com/c8p3snr

After providing a detailed review of the issue over a 22 paged Opinion, which includes a background on Facebook itself and a review of decisions from both within Pennsylvania and from outside jurisdictions, Judge Wettick ruled that both the Plaintiff’s and the Defendant’s motions to compel access to the other’s Facebook pages would be denied in this motor vehicle accident litigation.

Three Base Hit: An Analysis of Apple v. Samsung, Bookmarking in Adobe, and E-Briefs

23 Saturday Nov 2013

Posted by in Adobe Acrobat, E-Briefs, Legal Technology, Patent Law

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An E-Brief Reading Guide to the Latest Decision in Apple v. Samsung, by Michael Kelleher, Cogent Legal Blog

http://tinyurl.com/oax544l

This post is unique. Interesting analysis of Apple v. Samsung and a “how to” on bookmarking Adobe documents and creating and using e-briefs. CCE

Judge Sparks on Fire — Again.

23 Saturday Nov 2013

Posted by in Depositions, Discovery, Judges, Legal Writing, Subpoenas, Texas Supreme Court

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Benchslap of the Day: Judge Sparks Burns More Attorneys , by By David Lat, Above the Law

http://tinyurl.com/45y5v3z

Mr. Lat shared this excerpt from the Judge’s Order:

[J]udge Sparks invited lawyers to a hearing that he referred to as a ‘kindergarten party.’ According to the ‘invitation’ — er, order — ‘[t]he party will feature many exciting and informative lessons, including… how to enter into reasonable agreements about deposition dates [and] how to limit depositions to reasonable subject matter.’ The event is aimed at lawyers who ‘are unable to practice law at the level of a first year law student.’

What Do Soap Opera Writers and Master Litigators Have in Common? The Ability to Tell a Great Story.

20 Wednesday Nov 2013

Posted by in Legal Writing, Trial Tips and Techniques

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Are You Smarter Than A Soap Opera Writer?, by Laurie Kuslansky, The Litigation Consulting Report (with hat tip to Ken Lopez!)

http://tinyurl.com/qz8jqgj

As Ms. Kuslansky points out, “There’s always a story, but if you don’t tell yours, jurors will use their own.“ The same is true in documents submitted to the Court. Who else will tell your client’s perspective of events and interpretation of the law? You are the one who tells your client’s story, whether to the Court in a brief or motion or to the jury at trial. CCE

Believe it or not, soap opera writers are better at storytelling than some litigators. Why? Not because of their subject matter or their wisdom, but because they know how to activate more of the brain than some lawyers. They put events into a story context, and they know how to use language to activate the brain better. If they can do it, so can you.

 

Plain English Tools include Gobbledygook Generator

20 Wednesday Nov 2013

Posted by in Bad Legal Writing, Legal Writing, Legalese

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Examples and Plain English Tools, The Plain English Campaign

http://www.plainenglish.co.uk/campaigning/examples.html

We are often asked if we have any examples of communication at its worst. If you are looking for past Golden Bull winners or ridiculous ‘management speak’ such as ‘feedforward’, or you merely want to create your own phrase using our ‘Gobbledygook generator’, this section of the site will help you.

U.S. Supreme Court Refuses To Hear Appeal in Case That Would Require An Ultrasound Before An Abortion in Oklahoma.

19 Tuesday Nov 2013

Posted by in Appellate Law, United States Supreme Court

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Supreme Court justices dismiss another Oklahoma law on abortion, by Bill Mears, CNN Supreme Court Producer, CNN

http://www.cnn.com/2013/11/12/justice/supreme-court-oklahoma-abortion/

Airline Loyalty Programs Not So Loyal.

19 Tuesday Nov 2013

Posted by in Law Office Management

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Frequent flier program changes concern travelers, by A. Pawlowski, NBC News Contributor, CNBC

http://www.cnbc.com/id/101206231

As much as there is to hate about flying, one remaining pleasure of air travel is watching your frequent flier miles accumulate, bringing you that much closer to a cherished free trip—or so you thought.

Show the Jury How to Fill in the Verdict Form in Closing Argument

19 Tuesday Nov 2013

Posted by in Closing Argument, Legal Technology, Trial Tips and Techniques

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How to Guide the Jury Through the Verdict Form in Closing Argument, by Michael Kelleher, Cogent Legal Blog
http://cogentlegal.com/blog/2013/11/verdict-form/

While I can see how persuasive this would be, I am curious as to whether a judge would rule against this presentation if opposing counsel filed an appropriate motion in limine. CCE

Ending Confusion To End Litigation.

18 Monday Nov 2013

Posted by in Bad Legal Writing, Contract Law, Legal Writing, Legalese

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More Antecedent Ambiguity: “Thereof,” by Ken Adams, Adams on Contract Drafting

http://tinyurl.com/n7fup2u

Do we use legalese because we think it simply sounds “legal”? Why do we choose legalese over plain, clear writing? There is no statute, court rule, or case law that requires it. These words are not a legal term of art. Why do we cling to it with such a passion? CCE

Do Not Disturb!

18 Monday Nov 2013

Posted by in Cell Phones, iPhones, Legal Technology

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The iPhone’s Do Not Disturb feature, by Jeff Richardson, iPhone J.D.

http://tinyurl.com/p4vvkc9

There’s No Place Like Home For Homeowner’s Insurance

18 Monday Nov 2013

Posted by in Appellate Law, Contract Law, Insurance Law, Trial Tips and Techniques

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Seventh Circuit: Mailing Addresses Don’t Necessarily Identify What’s Insured, by Brian Jones, The Bose Insurance Blog

http://tinyurl.com/mkuntnh

Court Says E-Discovery Search is “Easier Said Than Done”

17 Sunday Nov 2013

Posted by in Discovery, E-Discovery, Evidence, Federal District Court Rules, Legal Technology, Trial Tips and Techniques

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Triangulating Discovery Productions, by Joshua Gilliland, Esq., BowTie Blog

http://tinyurl.com/key6ugd

 Judge William Orrick summed up a basic truth of eDiscovery: In the age of electronically-stored information (“ESI”), production of all relevant, not privileged and reasonably accessible documents in a company’s custody and control is easier said than done. Banas v. Volcano Corp., 2013 U.S. Dist. LEXIS 144139, at *5 (N.D. Cal. Oct. 4, 2013).